TDRL

This thread is dedicated to special issues regarding the Temporary Disabled Retired List.
 
This is not a reply, but I was placed on TDRL due to wounds I substained during a mortor attack in Nov. 2005 and the Army gave me 30% dissibility and a retired I.D. card with all base privalges and tricare coverage. I was informed that if my conditions improved even 1% less than 30% between now and 2010 I would no longer be retired but more of an ETS type deal were I would be just discharged after 12 years of service. I would no longer receive Tri-Care insurence or a I.D. card. This would but me and my wife in a bad situation because she has a Kidney disease and she is self employed so we are very dependent on Tri-care does any one have any information on this.
 
stokenbury,

Welcome! If you are eventually rated at less than 30%, then yes, that is the outcome, severance pay and loss of TriCare for you and your family.

What needs clarification is that you will be re-evaluated every 18 months (at a minimum) and if your condition is stabilized, you will be finally rated. If your condition is the same then you will be rated at 30%. TDRL can last a maximum of 5 years, but you can be retired, separated, or found fit after any of the re-evaluations. Once you have a final determination (hopefully retirement) they can't change that, even if you get better.

Are you rated by the VA? If not, you should apply ASAP.
 
Thanks for the information, one more thing can I appeal the decision if it turns out to be less than 30%? What would I have to do hire a lawer.
 
Yes, you will have all the same appeal rights as the first time through the PEB. If you disagree with the informal PEB, you can demand a formal hearing.

In hiring a lawyer, you should discuss your case with the lawyer. I would recommend asking about recent experience with PEB cases, an initial discussion of the issues in your case, and discuss what services you want the lawyer to provide. Once you have made a decision, you should get an agreement in writing as to the services provided and the fee arrangement.
 
Fit for duty on TDRL someday?

I'm sure you get this question all the time, but it is unclear to me...

I was just placed on TDRL and am awaiting orders to get out of the service. If my re-eval finds me fit for duty down the line...am I just put back on active duty, or is it a choice? Personally I am done with the Army and I don't plan on coming back even if I do get better. The last 2 years of my life have been H*LL and has caused a lot of grief for me.

Please tell me it is an option to return to service and not a requirement if I am found fit for duty down the road while on TDRL.

Thanks.
 
Regarding:
Please tell me it is an option to return to service and not a requirement if I am found fit for duty down the road while on TDRL.
It is my understanding that if found fit for duty when you get your TDRL eval done, you have to go back to active duty. I have yet to hear of a case (in my limited exposure) where that actually happened though. Maybe others can add to this observation or clarify this question.

At the same time, I do have a question for anyone willing to entertain me :)

When Jason said:

Yes, you will have all the same appeal rights as the first time through the PEB. If you disagree with the informal PEB, you can demand a formal hearing.
...so the TDRL assessment is classified as an IPEB? We are just washing, rinsing, and repeating the PEB process every 18 months? Oh, fun. :P
 
This is the applicable law. Note to return to duty, the member must consent. However, if you do not consent, then I believe that is the end of DoD disability benefits.

Mike

10 USC 1211. Members on temporary disability retired list: return to active duty; promotion



(a) With his consent, any member of the Army or the Air Force whose name is on the temporary disability retired list, and who is found to be physically fit to perform the duties of his office, grade, or rank under section 1210 (f) of this title, shall—
(1) if a commissioned officer of a regular component, be recalled to active duty and, as soon as practicable, may be reappointed by the President, by and with the advice and consent of the Senate, to the active-duty list in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular grade;
(2) if a warrant officer of a regular component, be recalled to active duty and, as soon as practicable, be reappointed by the Secretary concerned in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular warrant grade;
(3) if an enlisted member of a regular component, be reenlisted in the regular grade held by him when his name was placed on the temporary disability retired list or in the next higher regular enlisted grade;
(4) if a commissioned, warrant, or enlisted Reserve, be reappointed or reenlisted as a Reserve for service in his reserve component in the reserve grade held by him when his name was placed on the temporary disability retired list, or appointed or enlisted in the next higher reserve commissioned, warrant, or enlisted grade, as the case may be;
(5) if a commissioned, warrant, or enlisted member of the Army National Guard of the United States or the Air National Guard of the United States when the disability was incurred, and if he cannot be reappointed or reenlisted as a Reserve for service therein, be appointed or enlisted as a Reserve for service in the Army Reserve or the Air Force Reserve, as the case may be, in a grade corresponding to the reserve grade held by him when his name was placed on the temporary disability retired list, or in the next higher reserve commissioned, warrant, or enlisted grade, as the case may be; and
(6) if a member of the Army, or the Air Force, who has no regular or reserve grade, be reappointed or reenlisted in the Army, or the Air Force, as the case may be, in the temporary grade held by him when his name was placed on the temporary disability retired list, or appointed or enlisted in the next higher temporary grade.
(b) With his consent, any member of the naval service or of the Coast Guard whose name is on the temporary disability retired list, and who is found to be physically fit to perform the duties of his office, grade, rank, or rating under section 1210 (f) of this title, shall—
(1) if he held an appointment in a commissioned grade in a regular component when his name was placed on the temporary disability retired list, be recalled to active duty and, as soon as practicable, may be reappointed by the President, by and with the advice and consent of the Senate, to his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or in the next higher grade;
(2) if he held an appointment in the grade of warrant officer, W–1, in a regular component when his name was placed on the temporary disability retired list, be recalled to active duty and, as soon as practicable, be reappointed by the Secretary concerned in his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or may be appointed by the President, by and with the advice and consent of the Senate, to the grade of chief warrant officer, W–2;
(3) if he held a permanent enlisted grade in a regular component when his name was placed on the temporary disability retired list, be reenlisted in his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or in the next higher enlisted grade;
(4) if he was a member of the Fleet Reserve or the Fleet Marine Corps Reserve when his name was placed on the temporary disability retired list, resume his status in the Fleet Reserve or the Fleet Marine Corps Reserve in the grade held by him when his name was placed on the temporary disability retired list, or in the next higher enlisted grade; and
(5) if a member of a reserve component be reappointed or reenlisted in his reserve component in the grade permanently held by him when his name was placed on the temporary disability retired list or, if that permanent grade is not chief petty officer or master sergeant, in the next higher grade in that reserve component.
(c) If a member is appointed, reappointed, enlisted, or reenlisted, or resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve, under subsection (a) or (b), his status on the temporary disability retired list terminates on the date of his appointment, reappointment, enlistment, reenlistment, or resumption, as the case may be. However, if such a member does not consent to the action proposed under subsection (a) or (b), and if the member is not discharged, retired, or transferred to the Fleet Reserve or Fleet Marine Corps Reserve or inactive Reserve under section 1210 of this title, his status on the temporary disability retired list and his disability retired pay shall be terminated as soon as practicable and the member shall be discharged.
(d) Disability retired pay of a member covered by this section terminates—
(1) on the date when he is recalled to active duty under subsection (a)(1) or (2) or subsection (b)(1) or (2), for an officer of a regular component;
(2) on the date when he resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)(4), for a member of the Fleet Reserve or the Fleet Marine Corps Reserve; and
(3) on the date when he is appointed, reappointed, enlisted, or reenlisted, for any other member of the armed forces.
(e) Whenever seniority in grade or years of service is a factor in determining the qualifications of a member of the armed forces for promotion, each member who has been appointed, reappointed, enlisted, or reenlisted, under subsection (a) or (b), shall, when his name is placed on a lineal list, a promotion list, an approved all-fully-qualified-officers list, or any similar list, have the seniority in grade and be credited with the years of service authorized by the Secretary concerned. The authorized strength in any regular grade is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade.
(f) Action under this section shall be taken on a fair and equitable basis, with regard being given to the probable opportunities for advancement and promotion that the member might reasonably have had if his name had not been placed on the temporary disability retired list.
 
In my experiance its treated like seperating from the service at that point and all retired benifits end.
 
Ok, Ive been reading through these forums on and off for months and I finally decided to register and ask a few concerning questions.

I was placed on the Marine Corps TDRL Nov 07 and I have my first reevaluation coming up soon. At first when I was placed on TDRL I pretty much was at the end of the road. Thanks to my doctor, my caseworker, my DAV cousoler, and my VA independant living caseworker ive been really trying hard and staying focused on rehab. My goal for the past year has been to stay focused and get better.

Its been over a year now and everymonth since I was placed on TDRL I have had physical therapy 3 to 4 days a week. New MRI scans, and eventually I just had another knee surgery Nov 7th 08. I have not been able to work, my wife is deployed and I am pretty much a single father while she is gone. Physical therapy, at times has been very intense but Instead of having to get around with a cane like I did when I was first placed on TDRL I can actually get around without it now, even after my last surgery not even 4 weeks ago.

One of my questions is, everything that I have read so far has been army/airforce related maradmins or orders talking about if someone is found fit they are allowed to reenlist or avoid that and administrativly seperate from thier branch of service. I have not seen anything about the Marine Corps view on this, maybe im over looking or havnt came across it yet. But please I would like to know what steps I have to take if I am found fit for duty, what steps do I have to take to go back on active duty. Calling around talking to different recruiting offices I get "UMMMM whats TDRL" or well sounds like we will send you back to meps for another physical and go from there.

Do I have to go through the entire recruiting process agian? MEPS physical, tests, and all the waiting? Im really unsure and I cannot find any clear answers, and the answers I do come across are either Army or Airforce policys, nothing about the Marine Corps.

Im sorry for my horrible gramer and I cant spell worth anything.
Thank you and best regards. (looking foward to some real answers that make sense)
 
Marine Corps falls under SECNAVINST 1850.4E.

"3625 Fit To Continue Naval Service Following Evaluation Of Periodic Physical
Examination - Reenlistment Or Reappointment Assignment to the TDRL and disability retirement payments will terminate upon a determination by the PEB that a member is Fit to perform military duties. The member will be afforded the opportunity to re-enter military service if the member seeks reentry:
a. Members Of Regular Components
(1) Enlisted Members. An enlisted member of a regular component may be allowed to reenlist in his or her regular component provided he or she otherwise is qualified for reenlistment. An enlisted member of a regular component shall have either his or her status on the TDRL and disability retired pay terminated on the date preceding reenlistment in the regular component of which he or she was a member before being placed on the TDRL. Any such reappointment or reenlistment shall be in a rank, grade, or rating not lower than the rank, grade, or rating permanently held by the member at the time his or her name was placed on the TDRL, and may be in the rank, grade, or rating immediately above the rank, grade or rating permanently held. For the purpose of being placed on a lineal list, promotion list, etc., the member will be given such seniority in rank, grade, or rating, or will be credited with such years of service as the SECNAV may authorize. In this connection,consider the probable opportunities for advancement and promotion to which the member might reasonably have been entitled had it not been for the placement of his or her name on the TDRL.

(2) Officers. With his consent, an officer of a regular component shall be recalled to active duty and, as soon as practicable, be reappointed to the active list of a regular component, even if this means that there will be a temporary increase in the number of officers authorized for his grade. Any such reappointment shall be in a rank or grade not lower than the rank or grade permanently held by the member at the time his or her name was placed on the TDRL, and may be in the rank or grade immediately above the rank or grade permanently held. For the purpose of being placed on a lineal list, promotion list, etc., the member will be given such seniority in rank or grade, or will be credited with such years of service as SECNAV may authorize. In this connection, consideration will be given to the probable opportunities for advancement and promotion to which the member might reasonably have been entitled had it not been for the placement of his or her name on the TDRL. An officer in a regular component shall have disability retired pay terminated on the date preceding recall to active duty.

b. Members Of Reserve Components. A member of a reserve component may be reappointed or reenlisted as the case may be, in the reserve component. A member of a reserve component, whether officer or enlisted, shall have his or her status on the TDRL and disability retired pay terminated on the date preceding reappointment or reenlistment in a reserve component.

c. Members Of The Fleet Reserve Or Fleet Marine Corps Reserve. A member of the Fleet Reserve or Fleet Marine Corps Reserve, found Fit to continue naval service with less than 30 years in service, shall resume his or her status in the Fleet Reserve or Fleet Marine Corps Reserve in the grade held when placed on the TDRL, or the next higher grade if considered qualified therefore in view of 10 U.S.C. 1210. Members of the Fleet Reserve or the Fleet Marine Corps Reserve found Fit to continue naval service who have 30 or more years in service will be permanently retired."

I do believe you have to go back through MEPS.
 
Since my CRSC was approved and the CRSC naval boards or whatever they are called added 2 more issues in my CRSC approval that is directly related to my initial injury that placed me on TDRL, when I do my TDRL reevaluation will those same 2 issues be in that evaluation since they are both directly related to my initial injury which placed me on TDRL?
Marine Corps TDRL
 
I'm wondering what to do if I'm due for my eval, and haven't heard squat from PEBLO about where or when...
I was placed on TDRL in July of 07, and the last thing I knew was my eval was supposed to be at Ft. Knox sometime in December. The letter said I would receive another letter with further details about where and when. Well, it's almost Christmas and I have yet to receive any further instructions. I wouldn't mind so much, but I'm fifth generation military, and actually would like to go back. Sorry if this question has already been answered, I haven't had time to dig through all the posts yet.
 
Based on our own timeline, I would guess you will get a "get ready for your eval in a few months" letter around March or April. Your first eval will probably be in June.

DH went on TDRL in Dec. '07.
We got DH's letter preparing us for the eval (with no info) about three months ago.
We had his first eval appointment today, almost exactly a year later.

We were a bit surprised that it happened this soon. Most of the evals are done at 18-month intervals.

I hope this helps. Good luck to you.
 
As I mentioned in the last post, today we went for my husband's first TDRL evaluation. Here is our experience:

About a week ago we got a packet with his orders to report to Fort Eustis for his TDRL appointments. There was a sticky note on the top of the packet saying "Call me if you have any questions...bring this packet of info with you" and his appointment instructions attached. We later found out this person is actually his PEBLO counselor. We had never heard of her before.

DH is on medication that makes him "loopy". Today was one of those days where he was having a lot of balance issues and what I call "listing". He had a hard time staying upright. So, I obviously was the driver today. :eek:

We giggled when we got there to find a "Shred-It" truck behind the hospital. I said, "Oh, look...it's the next scandal in progress!" :p We had a good laugh over that sight.

We got to the clinic early only to find that they put the wrong room number on his instructions. Great going, people. That's perfect for a brain-injured veteran. LOL Luckily I was there to get him where he really needed to be.

We checked in and were given about six pages of questions in very fine print for his intake assessment at the Mental Health Clinic. It was written for an active duty member and geared toward lower-ranked members of the military. What I mean is, they asked things like "Do you like your current assignment?" and "What medals or awards have you earned?" with a very small line to give a full answer. I read it outloud to DH and copied his answers verbatim. He responded with "NO, I do not like my assignment!" and "Too many to list here". LOL On the questions that gave you more than one line to put your answer he said "I hate essay questions". LOL So that's what I put down for him. I filled it out according to what HE was going to say, not me. He was so irritated by the time we got done with the intake sheet. If I didn't do it that way and helped him, he would have simply not filled anything out. Most likely he would have asked the receptionist to shove it up her :eek: and gone home. The fact it was even filled out was a miracle. He just doesn't have the patience for it.

So then the receptionist says "why don't you two go get a cup of coffee over in the next building?" I said, "Are you saying we have a long wait ahead of us?" and laughed. We took her advice.

Going over to the next building we found the coffee shop. As soon as I walked in the doors, I could smell the sweet aroma of coffee and commented on how strong it was. DH, however, can't smell a thing. Just then we passed a slender woman in jeans that we've never seen before. She stopped him and said "Are you SSG Shannon?" That confused him that she would know who he was. Here I am trying to hold him upright and assure him he wasn't losing his memory. LOL I introduced ourselves and she said she was the doctor we were about to see. She apparently was running late due to traffic and stopped for coffee before going to the clinic. We got our coffee and agreed to go back to the clinic in a few minutes. He said "I think she's been briefed about who I am...." :D

When she came to the clinic waiting area, she asked me to stay behind. I said "I'd rather not. He needs my assistance and you will probably thank me later for it" and politely declined her offer to stay behind. With a surprised look on her face, she led us to her office.

So we get settled in her office and I told her that unless my husband asks for my assistance, I am not there to interrupt. She seemed receptive to my presence after that.

Within a few moments, DH was struggling to speak or get his words out. He asked for my help, and I answered for him. I explained that we have a "system" between us and she ought to know that we do something called "waving the flag" if he goes off on a tangent in different directions. That way she could interrupt him if necessary without making him angry.

So after her second question, which drifted into dialogue from DH that went nowhere, she found herself using an imaginary flag to wave him to stop talking. She learned quickly! LOL

We spent three hours with her. DH was clenching his fists, having outbursts in frustration, bouncing his legs, getting dizzy from the stress, holding his head...(and don't tell him I said this...) fits of crying, etc. He was SO stressed out. I told her that he needed to know he could regroup outside her office to continue, and may he please leave for a few moments. I would go outside and calm him down, then go back in and continue all over again. In this time she was frustrated that she had NO neuro-psych testing available from his past medical records. I had about six inches of records stacked up, categorized, color coded, etc. She was SO grateful that I had more records than she did. In fact, she said she had very sparse records at her disposal and wondered if I would come work at her clinic. LOL

I gave examples of his symptoms. For instance, I said he has no sense of smell. I gave the example of how we met in the hallway outside the coffee shop and that when she walked up we were discussing how he couldn't smell the coffee in the air, which was strong to me. I gave her real-life examples of everything she asked about.

We discussed the fact that his PEB doesn't rate him for a TBI, and he clearly has one. We discussed that his injuries are not correct on the PEB and needs fixed. I discussed that he has more than just cognitive dysfunction and she clearly agreed. She said his GAF (Global Assessment Function) was documented as a 64 on his NARSUM, but she said "I believe that to be too optimistic" It was like someone FINALLY connected the dots that this was mishandled from start to finish and that he truly DOES have deficits. We also discussed documenting his levels of function and showing the deficit based on past tests (ie. ASVAB or other such data) by retesting him again on the same tests...and that should show his decline. He had line scores on his ASVAB showing 130+ before his injury and a 99 total score. Despite his high IQ even after his injury, he simply cannot function without assistance or intervention. I think retaking the ASVAB (or other tests he took in the past) will help prove just how this has impacted him. But the real measure is how he functions in day-to-day living.

We talked about the VASRD criteria, new TBI and scar criteria, etc. She was suprised I knew anything about them...or had copies of them on hand. I owe you all here for arming me with great info!!! She said a lot of what was in the VA records I brought would substantiate the missed items on his PEB. We will see what happens in the end...

Anyway, the PEBLO counselor assigned to us was not in her office today. After the doctor was done, she gave me her card and said we would hear back on the "next appointment" we needed to go to. I will call the PEBLO counselor and ask about that tomorrow.

So there you have it....I suppose we made good progress with this first step. I wanted to thank everyone here for holding my hand through everything thus far and being patient with me for so long. Hopefully I can get through this and get him off TDRL. It's time we get on with our lives!
 
You are amazing! I'm so glad that you had a great appt and it seems that things can and will get straightened out and you will be one step closer to getting past TDRL.

You are an inspiration and its so refreshing to see the spousal support-I've seen it throughout your posts. It seems that you and your husband have an awesome relationship-the fact that you can laugh start to finish through your appt...OMG, your comment about the shred it truck...you have me cracking up so hard that I almost fell off my bed :).

I am sorry to hear that your husband gets so frustrated-it breaks my heart to hear or "read" about it and I know its hard for you to live and see it first hand as his wife.

By the way, good for you going in to the room with him! You were very diplomatic stating you wouldn't intervene and therefore putting the situation at ease...

Well, I just wanted to say that you really are an inspiration and I know your husband appreciates you. We all appreciate your posts and your contributions to the forum.

Chinook
 
You are amazing! I'm so glad that you had a great appt and it seems that things can and will get straightened out and you will be one step closer to getting past TDRL.

You are an inspiration and its so refreshing to see the spousal support-I've seen it throughout your posts. It seems that you and your husband have an awesome relationship-the fact that you can laugh start to finish through your appt...OMG, your comment about the shred it truck...you have me cracking up so hard that I almost fell off my bed :).

I am sorry to hear that your husband gets so frustrated-it breaks my heart to hear or "read" about it and I know its hard for you to live and see it first hand as his wife.

By the way, good for you going in to the room with him! You were very diplomatic stating you wouldn't intervene and therefore putting the situation at ease...

Well, I just wanted to say that you really are an inspiration and I know your husband appreciates you. We all appreciate your posts and your contributions to the forum.

Chinook

Chinook, thank you so much for your kind words. Really, it's you guys (and gals) that inspire me. I love my husband dearly and would do anything for him to get the benefits he deserves. Like he said in the Congressional hearings "Left to myself, I really don't care much about the benefits. It's my wife who reminds me that I have earned them". I will not have ANY service member disrespected or left like yesterday's trash by the system.

I have a quick story to tell...when DH was wounded, we were actually divorced! We got remarried a few months after his injury. It's typical that marriages end during a life-altering event...not restart due to a life-altering event. LOL And no...I didn't remarry him because I felt sorry for him. As I told him when he asked me why I would take him back I said "I know all your good and all your bad...and I still love you anyway".

I know that with a sense of humor, we can get through anything. We learned this almost an hour after I first saw him. I cracked a joke about something relating to having only one eye and realized what I had said right after it came out of my mouth. I gasped and put my hand over my mouth as if to say "Oh no...that wasn't a good idea!" and found that despite his head bandaged like a Teletubby, face shattered and teeth loose, he was able to crack a smile and laugh until tears streamed from his good eye. We knew we would make it with humor from that point on. It helps make stressful events more tolerable. We've got some good jokes and comebacks now that we've had time to practice! LOL

Anyway...keep on keeping on. Sometimes we don't understand at the time that bad things happen that it happened for a bigger reason. It's after you look back and realize that many hardships in life make you stronger, wiser, and then you can appreciate the good in your life. I have been very blessed! I hope to share our experiences to somehow help others get through the hard times too....
 
Thank you for sharing your story and providing such an extraordinary example of determination, courage and faith. I pray that all who are injured or recovering can gain some peace from your enduring strength and generous spirit. And I hope and pray that your husband will receive the care and attention necessary to allow him to heal. You are both in my prayers.

D
 
Hello All,
I'm new to the boards and after reading all the great post I would share my TDRL story with ya'll.
I was first Placed on TDRL from the Army in Mar 2005 from PTSD and Lung damage suffered in Iraq from 2003-2004. After my first eval on TDRL (2 yrs) I asked for and was found fit to return to duty with limitations.
I was thinking Great. I'm a medic amd loved helping "my guys" get the best care I could give them, so I was returned to active army in may 2007. I got to my duty station and 5 months later my doctor informed me that I was unfit to be in the servicde and she was starting a PEB on me.
I explaned that the Army had just found me fit to return to active duty and I just wanted my meds redone.
Anyway, 18 months later, I am again being placed on TDRL with a 60% rating for the exact samethings I was rated on the first time.
I start my leave tomorrow and actually retire on 15 jan 2009. Although I just found out today that my PTSD is going to be reevaluated sometime in the next 90 days to see if it has changed..

My experiance with TDRL and the Army is that the PEB try to forget about you for as lang as they can then get you reevaluted in 5 minutes and decide if you are fit for duty or stay on retire list.
As far as going back active duty, which I noticed a marine is hoping to do, All you have to do is go thru a recruter but no exam or anything, the recruiter just does your paperwork and gets you to meps for your orders. No exam or anything else is needed as long as you have your findings stating that you are able to return to duty.(Also a former Corpsman..:)

I know I will not be going back on active service again after being burned so bad by the army this time.

Thanks for reading my rant..

Joe
 
Joe,

Welcome! Thanks for sharing your experiences, I am sure that there are members here who can benefit from your experiences.

Have you started your VA application? If not, you should file as soon as you retire. I hope everything goes well for you.
 
Jason,
Thanks for the welcome,
I contacted the vet service officer here and have already applied to have my VA rating that I had from my 1st TDRL reinstated, even added some new stuff they for the surgery I had this time around.
 
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